JAM BHUSHAN GARG,J. - (1.) THIS order shall dispose of two petitions bearing No. Crl. M. 4512-M of 1989 and Crl. M. 9304-M of 1989. In both these petitions it has been prayed that FIR No. 38 of 24-8-88 for offences under section 494/506 of the Indian Penal Code of Police Station Boha, Tehsil Mansa, District Bhatinda be quashed.
(2.) DARSHAN Ram son of Lalu Ram was married to Sheela Devi on 28-3-1987 and the aforesaid wife lived with Darshan Ram husband for 9 or 10 months but during the subsistence of this marriage, her parents and several other relatives named in the FIR are alleged to have married her to Mewa Ram. In this regard, the complainant addressed a complaint to Senior Superintendent of Police, Bhatinda and in a subsequent application, it was also added that the accused have threatened to cause their death, if any proceedings were initiated by complainant in respect of Sheela Devi. While challenging the present FIR, it has been argued on behalf of the petitioners that the offence under section 494 of the Indian Penal Code was not a congnizable one and the ingredients of the one under section 506 of the Indian Penal Code were not a part of the FIR No. 38 of 1988 of Police Station, Boha and that the FIR, as such, should be quashed. In support of this contention, attention has been invited to Tarsem Lal and others v. Smt. Kamla Rani, 1977 PLJ Cr. 94 wherein an order of a Magistrate summoning the accused was set aside but in that case there was occasion to go through the statements recorded under section 202 of the Criminal Procedure Code. The case, now in hand, is at a preliminary stage and the investigation is yet to proceed. Here the learned counsel for the complainant has referred to Jehan Singh v. Delhi Administration, AIR 1974 Supreme Court 1146 wherein it was held that it shall be appropriate that the Investigating agency may avail of the opportunity of collecting evidence and to see whether at all there is a case for prosecution of the accused or any one of them. Another authority in this regard referred to is Kurukshetra University and another v. State of Haryana and another, AIR 1977 Supreme Court 2229 where too interference was considered unnecessary prior to even commencement of investigation. The conclusion is that the two petitions fail and are hereby dismissed. Order accordingly.;